• “(2) The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:

  • “(a) a body corporate:

  • “(b) an individual who holds an office in, or is employed by, a body corporate.

• “(3) The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.”

• “(3A) A district is, for the purposes of subsection (3), an adjoining district for another district if the boundaries of both districts—

  • “(a) are wholly or partly shared; or

  • “(b) are separated by no more than 2 intermediate districts.”

• “(4A) A person who is or has been a registered elector may, instead of using the prescribed form to make an application required by subsection (1)(c), make it by supplying to the Registrar using an electronic medium approved for the purpose by the Chief Registrar information necessary to complete the prescribed form and identified by the Registrar.

• “(4B) Nothing in section 85(1) and (2) applies to an application required by subsection (1)(c) and that a person intends to make, or makes, in accordance with subsection (4A).”

“83A Procedure following inquiry under section 83

• “(1) If, following an inquiry under section 83, the Registrar receives a form or information supplied electronically under subsection (3) in which an elector notifies the Registrar that the elector has changed his or her place of residence and now resides in another electoral district,—

  • “(a) the Registrar must ensure that the form or the information contained in the form, or the information supplied electronically, is transmitted to the Registrar for the new electoral district; and

  • “(b) the Registrar for the new electoral district must, as if the form or the information supplied electronically were an application for registration, register that elector, in accordance with section 87, on the roll for the district in which the elector resides; and

  • “(c) the form or the information supplied electronically is deemed to be an application for registration for the purposes of section 82; and

  • “(d) the Registrar for the old electoral district must, in accordance with section 98(1)(a), remove from the roll for that district the name of the elector.

  “(2) If, following an inquiry under section 83, the Registrar receives from an elector a form, or information supplied electronically under subsection (3), that contains a change to any particulars other than a change of place of residence referred to in subsection (1), the Registrar must amend the roll in accordance with the information supplied in the form or electronically.

  “(3) An elector may, instead of returning a form to the Registrar to notify the Registrar that the elector has changed his or her place of residence and now resides in another electoral district or to notify the Registrar of a change to any other of the elector's particulars, notify the Registrar of a change to any of the elector's particulars by supplying that information to the Registrar using an electronic medium approved for the purpose by the Chief Registrar.

  “(4) An elector remains on the roll and his or her particulars on the roll remain unchanged if—

  • “(a) the Registrar does not receive from the elector a form, or information supplied electronically under subsection (3); or

  • “(b) the Registrar receives from the elector a form, or information supplied electronically under subsection (3), with no changes.

  “(5) A form that a person intends to return, or returns, in response to an inquiry under section 83 must be signed or marked, and may be rejected for incompleteness, in accordance with subsections (1), (2), and (4) of section 85 (which apply with all necessary modifications) as if the form were an application or declaration in respect of registration as an elector.

  “(6) Information that an elector intends to supply, or supplies, electronically under subsection (3) in response to an inquiry under section 83—

  • “(a) is not an application or declaration in respect of registration as an elector required by subsections (1) and (2) of section 85 to be signed or marked; but

  • “(b) may be rejected for incompleteness under section 85(4) (which applies with all necessary modifications) if it does not include all the particulars stated or referred to in section 85(3)(a), (b), (c), (f), and (i).”

“87A Procedure if immigration status means applicant apparently not qualified to be registered

• “(1) This section applies in accordance with section 263A(6)(a) if the Chief Registrar under section 263A(5) advises the Registrar of an electoral district that a comparison carried out pursuant to section 263A(4) indicates that a person who has applied to be (but is not yet) registered as an elector of the electoral district is a person who the chief executive of the responsible department (as defined in section 263A(1)) believes is—

  • “(a) unlawfully in New Zealand; or

  • “(b) a person who is lawfully in New Zealand but only by virtue of being the holder of a temporary entry class visa of whatever type.

  “(2) When this section applies the Registrar must comply with subsections (3) to (5) before determining under section 87 whether the applicant for registration as an elector is qualified to be registered.

  “(3) The Registrar must within 5 working days of receiving that advice deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the notice) communicating—

  • “(a) the advice that the Registrar received under section 263A(5) in respect of the applicant; and

  • “(b) that the Registrar may determine that the applicant's immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the notice.

  “(4) If no response to the notice is made to the Registrar by or on behalf of the applicant within 10 working days of the notice being delivered to the applicant personally, or sent by post to that person, the Registrar must promptly deliver to the applicant for registration personally, or send by post to that person, a written notice (in this section referred to as a or the further notice) communicating—

  • “(a) the advice that the Registrar received under section 263A(5) in respect of the applicant; and

  • “(b) the fact that, and the date on which, a notice was delivered to the applicant personally, or sent by post to that person; and

  • “(c) that the Registrar may determine that the applicant's immigration status means that the applicant is not qualified to be registered as an elector if information to the contrary is not made available to the Registrar by or on behalf of the applicant within 5 working days after the applicant receives the further notice.

  “(5) The Registrar may determine under section 87 whether the applicant for registration as an elector is qualified to be registered only—

  • “(a) after considering any response to the notice or a further notice made to the Registrar by or on behalf of the applicant within 5 working days after the notice or a further notice was delivered to the applicant personally, or received by that person by post; or

  • “(b) if no response to a further notice is made to the Registrar by or on behalf of the applicant within 10 working days of the further notice being delivered personally to the applicant, or received by that person by post.

  “(6) A notice or further notice purportedly sent to the applicant by post—

  • “(a) is, in the absence of proof to the contrary, treated as having been received by that person by post on the fourth working day after the day on which it is sent by post; and

  • “(b) is treated as sent by post to that person on a day if it is proved to have been properly addressed to that person and to have been submitted on that day to a person for the time being registered as a postal operator under the Postal Services Act 1998 for postage to that person.

  “(7) If, after complying with subsections (3) to (5), the Registrar determines under section 87 that the applicant for registration as an elector is not qualified to be registered, the Registrar must deliver to the applicant for registration personally, or send by post to that person, a written notice communicating the determination.”

• “(2A) A person to whom subsection (1) applies (but not a person who is required by subsection (2) to comply with subsection (1)) may, instead of giving a written notice to the Registrar of the change of place of residence and the address of the new place of residence, notify the Registrar of them by supplying that information to the Registrar using an electronic medium approved for the purpose by the Chief Registrar.”

• “(b) a statutory declaration from a constable to the effect that he or she believes that the personal safety of a person or of a person’s family could be prejudiced by the publication of that person’s name,—”.

• “(1) All constables—

  • “(a) must, at the Registrar's request, assist the Registrar by informing him or her of the name of any person whom they have reason to believe is qualified to be registered as an elector but is not registered, or is registered but is not qualified to be registered; and

  • “(b) must give the Registrar any information the Registrar requests relating to the qualifications of any person for registration as an elector.

• “(2) All constables must also assist the Registrar by making such inquiries and obtaining such information as he or she requests.”

• “(4) Despite subsections (1) to (3), the Registrar may destroy paper copies of any of the records described in subsection (2) if satisfied that accurate electronic images of those records have been created by or on behalf of the Registrar and are being stored by or on behalf of the Registrar in a manner that ensures that those electronic images are and will be able to be used for the same purposes as the paper copies would, if not destroyed, have been required by the rest of this Act to be able to be used.

• “(5) A requirement in or under this Act that a paper copy of a record be used for a particular purpose is, after that paper copy is destroyed under subsection (4), satisfied by using for that purpose the accurate electronic image, created and stored under subsection (4), of that paper copy.”

• “(6) After receiving advice from the Chief Registrar under subsection (5) that, in relation to any person, either of the circumstances referred to in subsection (5) applies, the Registrar must,—

  • “(a) if the person has applied to be (but is not yet) registered as an elector for the district, follow the procedure specified in section 87A; or

  • “(b) if the person is registered as an elector for the district and the name of the person is on the roll for the district, object under section 96 to the name of that person being on the roll for the district.”

• “(d) in the case of the Department of Internal Affairs, in relation to any persons—

  • “(i) who obtain New Zealand citizenship under the Citizenship Act 1977; or

  • “(ii) by whom, or on whose behalf, an application is made under the Passports Act 1992 for the issue or renewal of a New Zealand passport.”

“9 Electoral Commission may delegate functions or powers to electoral officials engaged by Commission

• “(1) The Electoral Commission's board may under section 73 of the Crown Entities Act 2004 delegate any of the Commission's functions or powers, either generally or specifically, not only to any person or persons listed in section 73(1) of the Crown Entities Act 2004, but also to any electoral official who is engaged (rather than employed) by the Commission.

  “(2) The functions or powers delegated may (without limitation) be or include either or both of the following:

  • “(a) the Commission's power under section 73 of the Crown Entities Act 2004 to delegate particular functions or powers of the Commission:

  • “(b) all or any of the Commission's functions or powers that relate to registration of electors.

  “(3) The electoral official may (without limiting the definition of that term in section 3(1)) be a person of one of the following kinds that the Electoral Commission engages for the purpose of assisting with the performance of its functions:

  • “(a) a body corporate:

  • “(b) an individual who holds an office in, or is employed by, a body corporate.

  “(4) For the purposes of this section, the Commission's functions or powers that relate to registration of electors include, without limitation, its functions or powers under (or under any regulations under) Part 5 of this Act, and also its functions or powers under (or under any regulations under) the following Acts:

  • “(a) Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001:

  • “(b) Citizens Initiated Referenda Act 1993:

  • “(c) Energy Companies Act 1992:

  • “(d) Juries Act 1981:

  • “(e) Local Electoral Act 2001:

  • “(f) Referenda (Postal Voting) Act 2000.

  “(5) The provisions of the Crown Entities Act 2004, including in particular sections 74 (powers of delegate), 75 (effect of delegation), and 76 (revocations), apply in respect of a delegation by virtue of this section to any electoral official who is engaged (rather than employed) by the Electoral Commission as if it were a delegation under section 73 of the Crown Entities Act 2004 to any person or persons listed in section 73(1) of the Crown Entities Act 2004.

“9A Ownership of intellectual property developed by delegates of functions or powers

• “(1) Any intellectual property of any kind in, or in respect of, any matter or thing belongs to the Crown if it is devised or developed (entirely or mainly) after 30 June 2012 by or on behalf of an electoral official to whom or to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated under section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of this Act) and—

  • “(a) in the exercise or performance by or on behalf of that official of those delegated functions or powers; or

  • “(b) entirely or mainly by or through the use of public money appropriated by Parliament to facilitate the exercise or performance of those delegated functions or powers.

  “(2) However, the Crown acting by and through the Minister of Finance may grant to any person a licence in respect of, or transfer to any person all or any ownership of, all or any of that intellectual property.

  “(3) This section applies despite any contrary instrument or law.”

“22 Registrar of Electors

• “(1) Each electoral district must have a Registrar of Electors to be appointed by the Electoral Commission.

  “(2) Every Registrar—

  • “(a) must be an individual who is an electoral official (as defined in section 3(1)); and

  • “(b) may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated; and

  • “(c) must, subject to subsection (3), be stationed at an office within the electoral district of which he or she is Registrar.

  “(3) The Electoral Commission may appoint as the Registrar for an electoral district a person stationed at an office occupied by the Electoral Commission, by the electoral official, or by the body corporate in or by which the electoral official holds an office or is employed, and in an adjoining electoral district if, in the Electoral Commission's opinion,—

  • “(a) there is in the electoral district no suitable office occupied by the Electoral Commission, the electoral official, or that body corporate; or

  • “(b) an officer more suitable for appointment is stationed at an office occupied by the Electoral Commission, the electoral official, or that body corporate in an adjoining district; or

  • “(c) making the appointment is, for 1 or more other reasons, in the public interest.

  “(3A) A district is, for the purposes of subsection (3), an adjoining district for another district if the boundaries of both districts—

  • “(a) are wholly or partly shared; or

  • “(b) are separated by no more than 2 intermediate districts.

  “(4) The Registrar must, under the Electoral Commission's direction,—

  • “(a) compile and keep, as required by this Act, the electoral roll for the Registrar’s electoral district; and

  • “(b) carry out the functions and duties conferred and imposed on the Registrar by or under this Act.

  “(5) The Electoral Commission may from time to time appoint to be the Deputy Registrar for any electoral district an individual who—

  • “(a) is an electoral official (as defined in section 3(1)); and

  • “(b) may, but need not, hold an office in, or be an employee of, a body corporate to which all or any of the Commission's functions or powers that relate to registration of electors have been delegated.

  “(6) The Deputy Registrar has and may carry out (exercise or perform), subject to the control of the Registrar for that electoral district, all of that Registrar's powers, functions, and duties.

  “(7) Neither the Registrar nor his or her deputy may hold any official position in any political organisation.

  “(8) The powers conferred on the Electoral Commission by subsections (1) and (5) include the power to appoint a Registrar or a Deputy Registrar for a named electoral district—

  • “(a) that is not yet in being; or

  • “(b) in respect of which a roll has not been compiled.

  “(9) All appointments made under section 22 as repealed on 1 July 2012 by section 23 of the Electoral (Administration) Act (No 2) 2010 and in force at the close of 30 June 2012 continue on and after 1 July 2012, and may be amended, revoked, or revoked and replaced, as if they had been made under this section.

  “Compare: 1956 No 107 s 7A; 1986 No 124 s 32(1)”.

• “(c) in the case only of an application required by section 82(1)(c) and made by the applicant for registration supplying information using an electronic medium in accordance with section 82(4A), the electronic medium records the information as having been received by or on behalf of the Registrar before polling day.”

• “(4) Registered letter includes any service that—

  • “(a) provides a system of recorded delivery; and

  • “(b) is similar in nature to a registered post service provided by a person registered as a postal operator under the Postal Services Act 1998.”

• “(2) The Clerk of the House of Representatives must give to the Electoral Commission established by section 4B of the Electoral Act 1993 the signatures taken under subsection (1)(b).”

• “(3A) Electoral Commission, in this section, means the Electoral Commission established by section 4B of the Electoral Act 1993.”

“Electoral Commission means the Electoral Commission established by section 4B of the Electoral Act 1993”.

“Electoral Commission means the Electoral Commission established by section 4B of the Electoral Act 1993”.

“Electoral Commission means the Electoral Commission established by section 4B of the Electoral Act 1993”.

“10 Electoral Commission

• “(1) The Electoral Commission is charged with the duty of implementing Part 4 (which relates to rolls of electors).

  “(2) For the purposes of implementing Part 4, the Electoral Commission may provide such computer and other services, and such facilities, as the Electoral Commission thinks necessary.

  “Compare: 1997 No 13 s 9”.

• “(2) A delegation under this section must be made in writing, and the document must be signed by the maker of the delegation.

• “(3) Section 73 of the Crown Entities Act 2004 (alone, or in conjunction with section 9 of the Electoral Act 1993) enables the Electoral Commission to delegate all or any of its functions or powers under this Act that relate to registration of electors.”

• “(3) Electoral Commission, in this section, means the Electoral Commission established by section 4B of the Electoral Act 1993.”